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The Office of the Associate General Counsel for Program Enforcement
provides legal assistance to the Departmental Enforcement Center
(DEC) and to other components of HUD. Attorneys initiate and litigate
administrative and civil actions and sanctions against individuals
referred to the DEC, who have violated HUD requirements. Additionally,
the Office provides affirmative counsel, guidance, and support to
HUD program offices.
The Office is comprised of two Divisions:
- Administrative Proceedings Division
This
Division handles affirmative administrative litigation for the
Department. Attorneys handle Mortgagee Review Board (MRB) sanctions,
suspension and debarments, Civil Money Penalty (CMP) actions,
Program Fraud Civil Remedies Act (PFCRA) actions, and Federal
litigation that results from any of these actions.
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In
MRB and CMP actions, attorneys evaluate potential cases for
legal sufficiency and litigate cases on behalf of the Government.
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In suspension and debarment actions, attorneys evaluate proposed
sanctions and represent the Government in cases. (For further
information on suspension and debarment regulations, see Title
2, Code of Federal Regulations (CFR), Parts 180 and 2424.
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In PFCRA actions, attorneys evaluate potential cases, consult
with the Department of Justice, and litigate cases on behalf
of the Government.
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Many of the matters handled by attorneys in the Division could
reach Federal Court. When this happens, the attorneys assist
the Department of Justice.
- Program
Enforcement Division
A
significant amount of assistance is provided to the Departmental
Enforcement Center, its five Satellite offices and attorneys in
the Regional Offices, which provide legal support to the DEC.
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The
Division handles enforcement actions for Housing that include
actions to enforce the regulatory agreement and Housing Assistance
Payments contract. The Division's attorneys provide guidance
to HUD field attorneys in enforcement issues and in Civil
Money Penalties (CMP) actions against mortgagors of multifamily
properties.
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The Division also handles enforcement actions for HUD's Office
of Public and Indian Housing and Office of Community Planning
and Development.
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The Division assists the Department of Justice in bringing
False Claims actions.
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The Division's attorneys represent the Government in administrative
hearings when decisions made by the Multifamily Participation
Review Committee (2530) are appealed.
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